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Divorce Questions & Answers
2 Answers | Asked in Divorce for North Carolina on
Q: How can I find a divorce lawyer that help with income taxes owed?

My husband and I have been separated since March 2018, we owed also 10,000 dollars in federal taxes and I need him to pay half of this responsibility. I paid all of state taxes since 2013 to 2018. I also, paid all of 2013 and 2018 federal taxes but we still owe some of 2014 thru 2017. He just... Read more »

Adam Bull
Adam Bull answered on Oct 15, 2019

When going thru a divorce, rarely is the marital estate comprised of a single asset. Are there other debts that were incurred during the marriage. All assets and debts need to considered and allocated.

If there is only debt there are ways to arrange a payment plan or structure payments....
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1 Answer | Asked in Divorce for New York on
Q: I filed an uncontested divorce in Feb 2019. Need the divorce decree for my (immigration) green card extension in Nov.

Checked with the clerk last week, it is still pending and nothing need to do.

Thinking about submitting an expedited request. My question is "can I submit the expedited request two times, if the first time got denied and the second time has 'request for evidence' from USCIS'?

One... Read more »

Nina Mironenko
Nina Mironenko answered on Oct 15, 2019

The Judgment of Divorce should have been signed already. First go to the Clerk of the Supreme Court and have them look it up. You can then go to the County Clerk and get a certified copy of the Judgment.

1 Answer | Asked in Divorce for Indiana on
Q: When preparing an affidavit as a witness, should state and county of where case is be at the top? Or state of witness?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Oct 15, 2019

The State and County of the matter/action

1 Answer | Asked in Child Support and Divorce for Massachusetts on
Q: My ex husband died last month owin 8,000 in back child support. He owned the house with his brother which will be sold.

We all lived in MA & The house is in MA. My ex husband and i have 2 children who are 17 and next of kin for his assets which were under 25,000, there was no will. His brother is now sole owner of home but is going through a divorce and house will be sold. Can i put in a claim through the house for... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 15, 2019

You should hire a probate practitioner as there is a specific way to perfect a claim against an estate that must be followed . Was his brother a joint tenant of the real estate? If not then he may not be the sole owner.

1 Answer | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son is what can i do to get pro bono help shes trying to have me pay for her lawyer as well an take sole custody of my son i am looking for a pro bono... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Oct 14, 2019

Most lawyers, much like other professionals do not work for free. If you desire to retain the services of a free or no cost lawyer, I suggest you call Legal Aid in the community in which you reside. Good luck.

1 Answer | Asked in Divorce for Ohio on
Q: Which type of divorce is better for me?

I wanna file for divorce and I’m 100% sure that my wife won’t agree and I’m also sure about my decision. We have been living in different apartments for almost two years and no we don’t have any join accounts or properties. I live with my 2 kids and she lives with my 3 step Children. She... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

If she won't agree, then you cannot do a dissolution. You must file a divorce. Use the Find a Lawyer tab to retain a local divorce attorney to review your situation, answer your questions, and advise you.

3 Answers | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son . What can i do to get pro bono help an or payment plan as i do not make much shes trying to have me pay for her lawyer as well an take sole... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 14, 2019

You need to consult in person with a family lawyer in your area. Find one that offers a free consultation. If you believe that you cannot afford a lawyer then contact the local legal aid office for assistance.

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1 Answer | Asked in Divorce for Florida on
Q: I've been in a relationship for 20yrs with the exception of 2.7 yrs. X wants me to say that we broke up in 2016. Why?

We live in Cape Coral Florida. No common law. So what is his deal. Yes he has a lot of money. A lot!!!!

Opal Phiona Lee
Opal Phiona Lee answered on Oct 13, 2019

You said relationship, I assume you have been married to this person for the 20 years. The length of the marriage usually determines the amount of any alimony/spousal support....the longer you have been married, the more likely alimony will become a factor. The date of separation is also a key... Read more »

1 Answer | Asked in Divorce for New York on
Q: My husband and i split up 5 years ago nothing legal yet. I stayed in the house with our 2 children he moved in with his

Parents rent free. He pays child support. My question is can i get more from the sale of the house when we sell because i have paid for everything for 5 years on my own, mortgage, taxes, maintenance??

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 13, 2019

You should be able to get what you paid down on the mortgage, anything beyond that is either something you have to agree on in the divorce or has to be decided by the judge at a trial.

1 Answer | Asked in Divorce for Michigan on
Q: My wife and I have live at the same address for 27 years. Both of our names have been on the deed since 2003.

We have been talking about getting a divorce and she maintains that because the property was deeded to her prior to our marriage, I have no rights to it. What are my rights, please?

Thank you.

mr

Neil Colman
Neil Colman answered on Oct 12, 2019

I would have to say that after 27 years of marriage, she's not going to receive the home as her sole and separate property. Whatever you do, I strongly urge you to retain the services of an experienced and knowledgeable family law attorney, especially in light of the comments she's made. Unless it... Read more »

1 Answer | Asked in Divorce for North Carolina on
Q: If your wife gets pregnant by another man while you are separated, do you still have to wait a full year to divorce?

I heard you can still be held responsible for another man's child if the child is born into your marriage.

Melissa Averett
Melissa Averett answered on Oct 10, 2019

You still have to wait a year. You need to talk to a family law attorney in your jurisdiction about the steps you can take to protect yourself from having to support the child born to the marriage.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: My Child is 18, did not graduate. Is working full time. And won't be going back to school until the next semester.

18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?

Corwin Kruse
Corwin Kruse answered on Oct 10, 2019

Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should terminate. The... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: What can I do too get custody of my 2 kids they live with me and the mother does !

The relationship ain't working out, she's been having an affair and being really disrespectful and I had enough?

Sanjoy Kumar Guha
Sanjoy Kumar Guha answered on Oct 10, 2019

File petition before court for getting child custody ,whereby the court takes into account literally dozens of factors to determine where the child or children should reside as their primary residence and which parent should make important decisions in the child’s life such as educational,... Read more »

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I filed for divorce but missed the court date and the case was dismissed. How do I proceed with the divorce?

I have not had contact with my spouse and do not know of his whereabouts any longer. I have tried to contact him regarding the divorce but I get nothing back, I don't know what to do anymore.

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

You have 30 days from the date a case is dismissed to file a motion asking that the order of dismissal be vacated. If the motion is granted it reinstates the case. As far as your spouse's whereabouts, (1)if you had a Summons and Petition for Dissolution of Marriage served on him or her, (2)he/she... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for Illinois on
Q: I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was considered disabled since my accident on 12.24.17 and been home since. We will be pursuing a lawsuit of 7 figures! How does this affect my child support once all... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions to... Read more »

1 Answer | Asked in Divorce for Texas on
Q: If I move out(no kids)to get out of a Dysfunctional marriage before I file for divorce and my spouse files immediately ,

Can my spouse possibly win every thing in the divorce settlement claiming Abandonment when in fact I am removing myself from a hostile environment?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 10, 2019

The court will divide property and it does not matter if you file first. Consult an attorney.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oregon on
Q: Can the amount of child support be changed without notifying the parent who receives it?

I have received the same amount of child support for seven years now. My sons father has not changed jobs and is earning the same wage as before. However, the last 5 months I have received 1/4 of the court ordered amount. I found out that his girlfriend recently filed for child support of their... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

Hopefully your support is being collected for you by Oregon's Support Enforcement. You need to call them and find out why the amount forwarded to you has gone down. Some reasons it can go down could be he didn't pay the full amount or he lost or changed jobs and the maximum they can garnish is... Read more »

1 Answer | Asked in Divorce for Michigan on
Q: How long do you have to be married to qualify for a spouses 401K in a divorce?
Brent T. Geers
Brent T. Geers answered on Oct 9, 2019

There is no time requirement, but when making an equitable division of assets (and debts), we're looking toward what is considered the marital estate - meaning anything acquired or accumulated during the marriage. In the case of a retirement account, what may be relevant is what contributions were... Read more »

3 Answers | Asked in Divorce for Oregon on
Q: My husband took all our money out of our joint bank account and put in a bank account with just his name on it?

.

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 9, 2019

The property subject to division in a dissolution consists of two categories. The first, “marital property,” consists of any property that either or both of the parties own, regardless of when the property was first acquired. The second category of property is “marital assets.” Marital... Read more »

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1 Answer | Asked in Criminal Law and Divorce for Louisiana on
Q: If your wife takes your debit card, which she isn't authorize to use. Can you press charges?

She had me arrested and when I was in jail, she took my debit card and spent 400 dollars.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 9, 2019

Your assets are community property until one of you files for divorce.

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